Reply to APS - Who is running for School Board?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I'm a lawyer but admittedly know nothing about election law or the Hatch Act except what I've just read above. But, seems to me that the Democratic *endorsement* is not the same as running as a Dem. The pledge doesn't require her to run as a Dem, and the election itself is still non-partisan. No? [/quote]

Did you read the part where seeking the ac dc endorsement requires the candidate to declare Democratic Party affiliation. She’s already declared herself a democrat by filing. Seems like she is in violation of the hatch act, unless somehow it’s permissible to run as a democrat for the purposes of the caucus and an independent (as everyone technically does) in the general. It’s a violation of the spirit of the law, but then again, so is the ac dc involvement in a non partisan election a violation of the ideal of keeping partisan politics out of at least one corner of our democracy.[/quote]

I did, but that's the same pledge anyone voting in an ACDC school board caucus has to fill out. I don't believe feds are prohibited from voting in those caucuses, right? It's not the same thing as declaring yourself as a candidate of that party. Close, I grant you, but distinguishable.

The advisory opinion a PP just cited to says: "f you solicited or advertised the endorsement of the Democratic Party or other partisan political party, or used the resources of XDC or other partisan political party to further your campaign, these actions [b]could[/b] transform your independent candidacy into a partisan one" (emphasis mine). This more recent opinion reiterates that certain activity [b]could[/b] make non-partisan partisan: https://osc.gov/Documents/Hatch%20Act/Advisory%20Opinions/Federal/Nonpartisan%20Election%20Becoming%20Partisan%20and%20Related%20Issues.pdf. So, in theory, there's wiggle room. But this same 2009 letter clearly answers "no" to the question of receiving assistance from a partisan group. Given the ACDC's recent history of including SB candidates on "blue wave" signs and the like, I would think she definitely has a problem here.

Completely agree with you that ACDC involvement violates the spirit of keeping partisan politics out of what really should be non-partisan affairs. [/quote]

They put the school board candidates on the Arlington Democrats sample ballot with all of the partisan races. The school board candidates aren't distinguished by the party as being in a nonpartisan race.

There have been other feds, like Cecilia Espenoza, who ran as independents even though they were great candidates (and Democrats!) and lost to ACDC candidates because ACDC apparently MUST put up a candidate.

Don't see how party caucus is different from an election, under the Hatch Act. [/quote]

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